Madhya Pradesh High Court
Gaurav Singh @ Dr. Rakesh Jain vs The State Of Madhya Pradesh on 28 March, 2018
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
M.Cr.C. No.10808/2018
(Gaurav Singh @ Dr. Rakesh Jain V/s. State of M.P.)
2
Indore, Dt.28.03.2018
Shri Virendra Sharma, learned counsel for the
petitioner.
Shri Swapnil Sharma, learned Govt. Advocate for
the respondent/State.
Shri Anand Bhatt, learned counsel for the complainant.
Heard.
This is the First bail petition under section 439 Cr.P.C seeking bail in connection with Crime No.675/2012 registered at Police Station Madhavnagar, District Ujjain for the offence punishable under Sections 420, 34 and 474 of IPC.
As per information given by the accused, no other bail application is either filed or pending or has been decided by any co-ordinate Bench of this Court or by Hon'ble the Apex Court in connection with the present crime number.
The allegation against the petitioner is that petitioner obtained Rs.10,000/- from the complainant by deceiving him on the pretext that he will arrange the admission for his son in Ardigardi Medical College, Ujjain. The Police filed charge- sheet under Section 420, 34 and 474 of IPC, which was pending before the Trial Court. Earlier the accused was granted bail but later he absconded from the trial from 24.03.2014. Learned Trial Court first issued arrest warrant HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.10808/2018 (Gaurav Singh @ Dr. Rakesh Jain V/s. State of M.P.) 2 and then perpetual warrant of arrest on 30.04.2015. He could be arrested after production warrant from Mumbai Jail on 01.03.2018.
It is submitted by the learned counsel for the petitioner that he got arrested by the Maharashtra Police in connection with some crime on 14.02.2017 and he was granted bail in that case on 16.02.2018 but due to production warrant issued by the Trial Court of Madhya Pradesh he was not released from the jail. It is further submitted that he has compromised the case with the complainant and demonstrated original compromise executed between the parties.
Shri Anand Bhatt, learned counsel appearing for the complainant admitted the factum of compromise and submitted that he has received Rs.10,000/- from the accused and has compromised the case.
In view of the aforesaid, the application is allowed. It is directed that the petitioner be released on bail upon his furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount to the satisfaction of the concerned CJM for his appearance before the trial Court subject to the following conditions :-
(I)The petitioner shall cooperate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.
(II)The petitioner shall not directly or indirectly allure or make HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.10808/2018 (Gaurav Singh @ Dr. Rakesh Jain V/s. State of M.P.) 2 any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the Court.
(III)The petitioner shall not commit any offence or involve in any criminal activities (IV)In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.
The trial court shall be at liberty to take appropriate action under Sections 446, 446-A of Cr.P.C. in respect of earlier bail bond submitted by the petitioner.
C.c as per rules.
(Virender Singh) Judge ns Digitally signed by Neeraj Sarvate Date: 2018.03.28 20:06:55 +05'30'